PROTECT NORTH CAROLINA WORKERS ACT.

View NCGA Bill Details2015-2016 Session
House Bill 318 (Public) Filed Thursday, March 19, 2015
AN ACT TO REQUIRE E‑VERIFY COMPLIANCE IN CERTAIN GOVERNMENTAL CONTRACTS, TO PROVIDE THAT CERTAIN CONSULATE OR EMBASSY DOCUMENTS MAY NOT BE USED TO DETERMINE A PERSON'S IDENTIFICATION OR RESIDENCE FOR GOVERNMENTAL AND LAW ENFORCEMENT PURPOSES, TO PROHIBIT ADOPTION OF SANCTUARY CITY ORDINANCES, AND TO PROHIBIT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM SEEKING CERTAIN WAIVERS.
Intro. by Cleveland, Millis, Whitmire, Conrad.

Status: Ch. SL 2015-294 (House Action) (Oct 29 2015)

SOG comments (2):

Title Change.

House committee substitute changes the long title. The previous long title is found below:

AN ACT TO INCREASE THE NUMBER OF EMPLOYERS WHO ARE REQUIRED TO PARTICIPATE IN THE FEDERAL E-VERIFY PROGRAM; TO UNDO THE E-VERIFY CHANGES ENACTED IN S.L. 2014-119; TO REPEAL THE E-VERIFY EXEMPTION FOR TEMPORARY EMPLOYEES; TO EXCLUDE FARM WORKERS FROM THE DEFINITION OF EMPLOYEE UNDER ARTICLE 2 OF CHAPTER 64 OF THE GENERAL STATUTES; TO AUTHORIZE THE DEPARTMENT OF LABOR TO ENFORCE E-VERIFY REQUIREMENTS PERTAINING TO COUNTY AND CITY CONTRACTORS AND SUBCONTRACTORS; AND TO PROVIDE THAT CERTAIN CONSULATE OR EMBASSY DOCUMENTS MAY NOT BE USED TO DETERMINE A PERSON'S IDENTIFICATION OR RESIDENCE FOR GOVERNMENTAL AND LAW ENFORCEMENT PURPOSES.

Change Long Title

Senate committee substitute to 3rd edition changed long title.  Long title was AN ACT TO INCREASE THE NUMBER OF EMPLOYERS WHO ARE REQUIRED TO PARTICIPATE IN THE FEDERAL E‑VERIFY PROGRAM; TO REPEAL THE E‑VERIFY EXEMPTION FOR TEMPORARY EMPLOYEES; TO EXCLUDE FARM WORKERS FROM THE DEFINITION OF EMPLOYEE UNDER ARTICLE 2 OF CHAPTER 64 OF THE GENERAL STATUTES; TO REQUIRE E‑VERIFY COMPLIANCE IN CERTAIN GOVERNMENTAL CONTRACTS; AND TO PROVIDE THAT CERTAIN CONSULATE OR EMBASSY DOCUMENTS MAY NOT BE USED TO DETERMINE A PERSON'S IDENTIFICATION OR RESIDENCE FOR GOVERNMENTAL AND LAW ENFORCEMENT PURPOSES.

Bill History:

H 318/S.L. 2015-294

Bill Summaries:

  • Summary date: Nov 5 2015 - More information

    AN ACT TO REQUIRE E‑VERIFY COMPLIANCE IN CERTAIN GOVERNMENTAL CONTRACTS, TO PROVIDE THAT CERTAIN CONSULATE OR EMBASSY DOCUMENTS MAY NOT BE USED TO DETERMINE A PERSON'S IDENTIFICATION OR RESIDENCE FOR GOVERNMENTAL AND LAW ENFORCEMENT PURPOSES, TO PROHIBIT ADOPTION OF SANCTUARY CITY ORDINANCES, AND TO PROHIBIT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM SEEKING CERTAIN WAIVERS. Enacted October 29, 2015. Sections 1-12, 14, and 16 are effective October 1, 2015. Section 13 is effective January 1, 2016. The remainder is effective October 29, 2015.


  • Summary date: Sep 28 2015 - More information

    Senate amendment #4 makes the following changes to the 5th edition as amended.

    Amends the language requiring the Department of Health and Human Services (DHHS) to withdraw any pending requests for waivers that have not been granted before the effective date of this section, providing that such withdrawal is required unless such a request can be amended so that the period covered by the waiver will not extend beyond March 1, 2016. Also provides that if a pending waiver request is granted before the effective date of this section, DHHS must discontinue the waiver as of that effective date, unless the waiver can be amended so that the period covered by the waiver will not extend beyond March 1, 2016. Also provides that DHHS cannot submit a new request for a waiver unless the period covered by the waiver does not extend beyond March 1, 2016. 


  • Summary date: Sep 24 2015 - More information

    Senate amendments make the following changes to the 4th edition. 

    Amendment #1 states that proposed GS 15A-306, which provides that certain documents are not acceptable for use in determining a person's actual identity or residency, does not apply to verification provided by an applicant pursuant to GS 58-2-164, which governs fraud prevention in auto insurance policies, until the act's changes to GS 58-2-164 become effective. The amendment also provides an effective date of the changes to GS 58-2-164 of January 1, 2016, and applies to insurance policies entered into on or after that date. 

    Amendment #2 adds a sentence to the act's prohibition of the Department of Health and Human Services from seeking certain waivers. The new sentence states that nothing in the section should be construed as requiring termination of a waiver in place as of September 1, 2015.


  • Summary date: Sep 23 2015 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Deletes the proposed changes to GS 64-25 concerning definitions for use in GS Chapter 64, Article 2 (Verification of Work Authorization).

    Enacts new GS 153A-145.5 (applicable to counties) and GS 160A-499.4 (applicable to cities), prohibiting counties and cities from having policies, ordinances, or procedures that limit or restrict the enforcement of federal immigration laws to less than the full extent allowed by federal law. Prohibits doing any of the following related to information regarding an individual's citizenship or immigration status: (1) prohibit law enforcement from gathering such information, (2) direct law enforcement not to gather such information, or (3) prohibit the communication of such information to federal law enforcement agencies. Effective when the act becomes law.

    Enacts new GS 108A-51.1 prohibiting the Department of Health and Human Services (DHHS) from seeking waivers to federal time limits for food and nutrition benefits for able-bodied adults without dependents required to fulfill work requirements to qualify for those benefits; makes an exception for waivers for the Disaster Supplemental Nutrition Assistance Program. Includes a separate provision requiring DHHS to withdraw any such pending requests that have not been granted before the effective date of this section. Provides that if a pending waiver request is granted before the effective date of this section, DHHS must discontinue the waiver as of that effective date. This section becomes effective October 1, 2015.

    Changes the act's long title.


  • Summary date: Apr 22 2015 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends proposed GS 143-133.3 as follows. Provides that the specified entities are deemed to be in compliance with the statute (was, those entities may satisfy the statute's requirements) if the contract includes a term requiring the contractor and subcontractors to comply with the requirements of Article 2 of GS Chapter 64. Amends the exclusions from the statute to: (1) include expenses related to travel (including transportation and lodging) for employees, officers, agents, or members of state or local boards, commissions, committees, or councils (was, separate exclusions for contracts for transportation and contracts for lodging without further guidance); (2) add contracts solely for the purchase of apparatus, supplies, materials, or equipment; (3) add contracts let under GS 143-129(e)(1) (contracts for the purchase, lease, or other acquisition of any apparatus, supplies, materials, or equipment from the United States or any of its agencies, or any other government unit or agency thereof within the United States); and (4) add contracts let under GS 143-129(g) (concerning contracts for the purchase of apparatus, supplies, materials, or equipment under specified conditions).


  • Summary date: Apr 15 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Enacts GS 143-133.3, E-verify compliance, prohibiting any board or governing body of the state, state institution, or any political subdivision of the state from entering a contract unless the contractor/subcontractors comply with the E-verify requirements. Provides that compliance is met by including a requirement in contracts that the contractor/subcontractors are required to comply with E-verify. Provides that such requirements do not apply to contracts for transportation, lodging, solely for the purchase of goods, and specified contracts under GS 143-129(e)(9) or (9a).

    Deletes proposed changes to GS 160A-20.1(b) and 153A-449(b), which prohibited a city/county from entering into a contract unless the contractor and subcontractors comply with specified requirements, and repeals each provision instead. 

    Amends GS 159-28(e), concerning penalties under the Local Government Finance Act, adding language that provides that inclusion of a contract term requiring compliance with E-verify requirements is deemed compliance with the requirement in GS 143-133.3(a). 

    Makes technical and conforming changes to GS 64-27, 64-28, 64-29, 64-30 and to proposed 64-33.1, reflecting the repeals made above and the enactment of GS 143-133.3.

    Adds clarifying language to the effective date provision, providing act is effective October 1, 2015, applying to contracts entered into on or after that date. 

     


  • Summary date: Mar 19 2015 - More information

    Amends the definitions in GS 64-25 as follows. Amends the definition of employee to remove the exclusion from the term for individuals whose term of employment is less than nine months in a calendar year; adds that the term does not include a farm worker, an independent contractor, or an individual who provides domestic service in a private home that is sporadic irregular, or intermittent. Adds and defines the terms farm worker and independent contractor. 

    Amends GS 160A-20.1(b) (cities) and GS 153A-449(b) (counties) to prohibit a city/county from entering into a contract unless the contractor and subcontractors under the contract comply with the requirements of Article 2, Verification to Work Authorization. Adds that the requirements are satisfied if the city/county includes a term in all contracts it enters into that requires contractors and the contractor's subcontractors to use E-Verify. Amends GS 64-27 to require the Commissioner of Labor (Commissioner) to prescribe complaint forms for violations of these statutes and amends GS 64-28 to update the statute to provide guidelines for filing a complaint for violations of these statutes. Amends GS 64-29 to govern the investigation of complaints that a city or county is violating the statutes. Amends GS 64-30 to require the Commissioner to hold a hearing to determine if GS 153A-449(b) or GS 160A-20.1(b) has been violated and take appropriate action under new GS 64-33.1. Enacts new GS 64-33.1 to notify the city or county found to have committed the violation of GS 153A-449(b) or GS 160A-20.1(b) that it is in violation of the statute. Requires the Department of Labor to keep a list of counties and cities issued notices and post it on its website. Makes conforming changes.

    Enacts new Article 18 of GS Chapter 15A, Identification Documents. Enacts new GS 15A-306 providing that the following documents are not acceptable for use in determining a person's actual identity or residency by a justice, judge, clerk, magistrate, law enforcement officer, or other government official: (1) a matricula consular or other similar document, other than a valid passport, issued by a consulate or embassy of another country; (2) an identity document issued or created by any person, organization, county, city, or other local authority, except where expressly authorized to be used for this purpose by the General Assembly. Prohibits a local government or law enforcement agency from establishing the acceptability of any of those documents as a form of identification to be used to determine the identity or residency of any person. Repeals any local government policy or ordinance that contradicts this statute. Makes conforming changes to GS 20-7, which provides examples of documents considered to be reasonably reliable indicators of residency; to GS 58-2-164, which provides examples of documents considered to be reliable proof of residency or eligible risk; and GS 108A-55.3 listing documents that can be used to meet the proof of residency when applying for medical assistance benefits.

    Effective October 1, 2015.


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